Summary
revoking plaintiff's IFP status because plaintiff had three "strikes" and did not fall within the "imminent danger" exception; plaintiff was no longer confined at the facility where his claims arose when action was commenced
Summary of this case from Bonano v. CostelloOpinion
9:06-CV-1543.
January 14, 2008
KEVIN GAMBLE, Plaintiff, Pro Se, Southport Correctional Facility, Pine City, NY.
HON. ANDREW M. CUOMO, CHRISTOPHER W. HALL, ESQ., Asst. Attorney General, Attorney General of the State of New York, Attorney for Defendants, Department of Law, Albany, New York.
ORDER
Plaintiff, Kevin Gamble, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated November 2, 2007, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the order granting the plaintiff IFP status be vacated; and that defendants' motion to dismiss plaintiff's complaint be granted as to all defendants and all claims unless plaintiff pays the full required filing fee of $350.00 within thirty days after entry of the final order by the district judge addressing the recommendation. Objections to the Report Recommendation have been filed by the plaintiff.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The order (Docket No. 4) granting the plaintiff IFP status is VACATED;
2. Defendants' motion to dismiss plaintiff's complaint is GRANTED as to all defendants and all claims unless the plaintiff pays the required filing fee of $350.00, in full, within thirty days after entry of this order;
2. In the event the plaintiff fails to pay the necessary filing fee of $350.00 within the required time period, the complaint will be DISMISSED in all respects without further order; and
3. The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.